MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Accountability, Efficiency, Transparency

By: Senator(s) Jackson

Senate Bill 2669

AN ACT TO AMEND SECTION 17-25-1, MISSISSIPPI CODE OF 1972, TO PROHIBIT COUNTIES AND MUNICIPALITIES FROM IMPOSING A SURCHARGE OR TRANSACTION FEE ON CERTAIN PAYMENTS BY CREDIT CARD, CHARGE CARD, DEBIT CARD OR OTHER FORM OF ELECTRONIC PAYMENT IN LIEU OF PAYMENT BY CASH, CHECK OR SIMILAR MEANS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 17-25-1, Mississippi Code of 1972, is amended as follows:

     17-25-1.  The board of supervisors of any county and the governing authorities of any municipality may allow the payment of various taxes, fees and other accounts receivable to the county or municipality, and the payment for retail merchandise sold by the county or municipality, by credit cards, charge cards, debit cards and other forms of electronic payment, in accordance with policies established by the State Auditor. * * *Except as otherwise provided in this section, any fees or charges associated with the use of such electronic payments shall be assessed to the user of the electronic payment as an additional charge for processing the electronic payment, so that the user will pay the full cost of using the electronic payment.  However, a A county or municipality shall not * * * charge the user any additional amount above the processing fee on each transaction impose a surcharge or transaction fee for such payment by credit card, charge card, debit card or other form of electronic payment in lieu of payment by cash, check or similar means.  For purposes of this section, the term "accounts receivable" includes, but is not limited to, judgments, fines, costs and penalties imposed upon conviction for criminal and traffic offenses. * * *A county or municipality may bear the full cost of processing such electronic payments for retail merchandise sold by the county or municipality.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2023.